HomeMy WebLinkAboutReso 1986-12793.03"$7
RESOLUTION NO. 12793
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MAP FOR CHULA
VISTA TRACT 85-4, TELEGRAPH VILLAGEr ACCEPTING
ON BEHALF OF THE PUBLIC THE PUBLIC STREETS
DEDICATED ON SAID MAP, APPROVING SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 85-4, TELEGRAPH VILLAGE, and more
particularly described as follows:
Being a portion of the northerly half of the southwest
quarter of the northwest quarter of Quarter Section 95
in the City of Chula Vista, County of San Diego, State
of California, according to Map thereof No. 166, made by
Morrill, filed in the office of the County Recorder of
San Diego County, May 11, 1869
No. of Lots: 1 No. of Units: 48
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of
land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: portions of
Melrose Avenue, Maria Way and Myra Avenue and said streets are
hereby declared to be public streets and dedicated to the public
use.
BE IT FURTHER RESOLVED that the City Clerk of the City
of Chula Vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council; that said
Council has approved said subdivision map, and that said public
streets are accepted on behalf of the public as heretofore stated.
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BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula Vista the easements with the right
of ingress and egress for the construction of sewer, drainage,
and access, all as granted and shown on said map within said
subdivision, subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk be, and she
is hereby directed to transmit said map to the Clerk of the Board
of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the 15th day of October, 1986, for
the completion of improvements in said subdivision, a copy of
which is attached hereto and by reference made a part hereof, the
same as though fully set forth herein be, and the same is hereby
approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said Agreement for and on behalf of the City of Chula
Vista.
Presented by
JP~iPc'woL~kpsp~Ct~[y EnginD~ectOererOf
Approved as to form by
Charles R. G±ll~ Ass±stant
City Attorney
2139a
376
ADOPTED AND APPROVED BY THE CITY
CHULA VISTA, CALIFORNIA, this 28th day of.
19 86
AYES:
NAYES:
ABSTAIN:
ABSENT:
, by the following vote, to-wit:
Councilmembers
Councilmembers
Councilmembers None
Councilmembers None
ATTEST
COUNCIL OF THE CITY OF
October
Moore, Cox, McCandliss, Campbell
Malcolm
of Chula Vista
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
RESOLUTION NO. 1279,3
,and that the same has not been amended or repealed.
DATED
CI1Y OF
CHULA VISTA
City Clerk
CC-660
p. O. Box 1087
364
I ~ERA L,LYL E
I
/ ~ . THIS AGRE~ENT, _~ade and enter~ into this. ~ day of --
~ , 19 ~ , by and between THE CITY OF CHU~
VIS~, a municipal corporation, hereinafter call~ "City", and
TELEG~PH VILLAGE APARTMENTS LIMITED, c/o Torrey Sierra Corp.,
5151 Shoreman Place, Suite 130, San Diego, Ca. 92122
hereinafter called "Subdivider";
W I T N E S S E T H : NOFEE
WHEREAS, Subdivider is about to present to the City
Council of the City of Chula Vista for approval and recordation, a
final subdivision map of a proposed subdivision, to be known as
TELEGRAPH VILLAGE
pursuant to the provision of the Subdivision Map Act of the State
of California, and in compliance with the provisions of Title 18
of the Chula Vista Municipal Code relating to the filing, approval
and recordation of subdivision maps, and
WHEREAS, the Code provides that before said map is
finally approved by the Council of the City of Chula Vista,
Subdivider must have either installed and completed all of the
public improvements and/or land development work required by the
Code to be installed in subdivisions before final maps of
subdivisions are approved by the Council for purpose of recording
in the Office of the County Recorder of San Diego County, or, as
an alternative thereof, Subdivider shall enter into an agreement
with City, secured by an approved improvement security to insure
the performance of said work pursuant to the requirements of Title
18 of the Chula Vista Municipal Code, agreeing to install and
complete, free of liens at Subdivider's own expense, all of the
public improvements and/or land development work required in said
subdivision within a definite period of time prescribed by said
Council, and
WHEREAS, Subdivider is willing, in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the public improve-
ment required by City in connection with the proposed subdivision
and will deliver to City improvement securities as approved by the
City Attorney, and
WHEREAS, a tentative map of said subdivision has
heretofore been approved, subject to certain requirements and
conditions, as contained in Resolution NO.PCS 85~, approved on the
5th day of December , 1984 ,by the Planning Commission, and
-1-
Form NO. CA-410
Revised 12/82
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared, submitted to and approved by the
City Engineer as shown on Drawings No. 85-180 through 85-185 inclusive
on file in the Office of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications has
been submitted and approved by the City, in the amount of
ONE HUNDRED TWENTY-ONE THOUSAND DOLLARS AND NO CENTS ($121,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider agrees to comply with all of the require-
ments of the tentative map resolution; to do and perform or cause
to be done and performed, at its own expense, without cost to the
City, in a good and workmanlike manner, under the direction and to
the satisfaction and approval of the City Engineer, all of the
public improvements and/or land development work required to be
done in and adjoining said subdivision; and will furnish the
necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all
monuments have been or will be installed within thirty (30) days
after the completion and acceptance of the required improvements,
and that Subdivider has installed or will install temporary street
name signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdi-
vider will cause all necessary materials to be furnished and all
improvements required under the provisions of this contract to be
done on or before the third anniversary date of the recordation
of the map of said subdivision.
4. It is expressly understood and agreed that Subdi-
vider will perform said improvement work as set forth hereinabove
or that portion of said improvement work serving any buildings or
structures ready for occupancy in said subdivision prior to the
issuance of any certificate of clearance for utility connections
for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certi-
fied in writing the completion of said public improvements or the
portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall
not be required to cover the provisions of this paragraph.
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O' 366
5. It is expressly understood and agreed to by Subdi-
vider that, in the performance of said work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to
the City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security in the sum of
ONE HUNDRED TWENTY THOUSAND DOLLARS AND NO CENTS ($121,000.00)
which security shall guarantee street surface improvements of this
contract by Subdivider and is attached hereto, marked Exhibit "A"
and made a part hereof.
7. Subdivider further agrees to furnish and deliver to
the City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security in the sum of
N/A
to secure the payment of material and labor in connection with the
installation of said public improvements, which security is
attached hereto, marked Exhibit "B" and made a part hereof.
8. Subdivider further agrees to furnish and deliver to
the City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement securityin' the sum of
ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00)
to secure the installation of monuments, which security is
attached hereto, marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the public improvements
are not completed within the time agreed herein, the sums provided
by said improvement securities may be used by City for the comple-
tion of the public improvements within said subdivision in
accordance with the specifications contained herein. Upon certi-
fication of completion by the City Engineer and acceptance of said
work by City, and after certification by the Director of Finance
that all costs hereof are fully paid, the whole amount, or any
part ~hereof not required for payment thereof, may be released to
Subdivider or its successors in interest, pursuant to the terms of
the improvement security.
10. It is also expressly agreed and understood by the
parties hereto that in no case will the City of Chula Vista, or
any department, board or officer thereof, be liable for any
portion of the costs and expenses of the work aforesaid, nor shall
any officer, his sureties or bondsmen, be liable for the payment
of any sum or sums for said work or any materials furnished
therefor, except to the limits established by the approved
improvement security in accordance with the requirements of the
State Subdivision Map Act and the provisions of Title 18 of the
Chula Vista Municipal Code.
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· 367
11. It is further understood and agreed by Subdivider
that any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by
City in connection with the approval of the improvement plans and
installation of public improvements hereinabove provided for, and
the cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and
that Subdivider shall have deposited with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as
all improvements are fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alley, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omissions of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the improvements constructed pursuant to
this agreement; provided, however, that said acceptance shall not
constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as
indemnitee, or any officer or employee thereof, shall not be
liable for any injury to person or property occasioned by reason
of the acts or omissions of Subdivider, its agents or employees,
or indemnitee, related to this agreement. Subdivider further
agrees to protect and hold harmless City, its officers and
employees, from any and all claims, demands, causes of action,
liability or loss of any sort, because of or arising out of acts
or omissions of Subdivider, its agents or employees, or
indemnitee, related to this agreement; provided, however, that the
approved improvement security shall not be required to cover the
provisions of this paragraph. Said indemnification and agreement
to hold harmless shall extend to damages or taking of property
resulting from the construction of said subdivision and the public
improvements as provided herein, to adjacent property owners as a
consequence of the dive~sion of waters in the construction and
maintenance of drainage systems and shall not constitute the
assumption by City of any responsibility for such damage or
taking, nor shall City, by said approval, be an insurer or surety
for the construction of the subdivision pursuant to said approved
improvement plans. The provisions of this paragraph shall bec~e
effective upon the execution of this agreement and shall remain in
full force and effect for ten (10) years following the acceptance
by the City of the improvements.
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368
agreement
forth.
IN WITNESS WHEREOF, the parties hereto have caused this
to be executed the day and year first hereinabove set
THE CITY OF CHULA VISTA SUBDIVIDER: TELEGRAPH VILLAGE APART-
MENTS, LIMITED.., TORREY
~ /. ~ SIERRA CORP., GENERAL
PARTNER
Mayor of~th~ City of Chula ~t~"
Vis ta/~ , v
// City C 1 e~k -~ /
Approved as to form by VICE PRESIDENT AND SECRETARY OF
TORREY SIERRA CORP.
'-City Attofne~ (Attach Notary Acknowledgment)
STATE OF CALIFOF.~IIA ...~ - )
COUNTY OF ~/.../-(~,'~ ~S.S.
Onthisthe /~'~' dayof (~..~ t9~ beforeme,
the undersigned, a Notary Public in and for. said. County a~d State,
personally appeared ~ ,~ ~
, persona~l¥
known to me or proved to me on the basis of satisfactory evidence to be
the President, and
-- - , personally
known to me or proved to me on the basis of satisfactory evidence to be
Secretary of the corporation that executed the within
instrument on behalt of the corporation therein named, and acknow-
ledged to me that such corporation executed the within instrument
pursuant to its b,/-laws,or a resolution of its board of directors.
S ig nat u re ~/~(Z/~'~f.~?' ,~, ~~
SAFECO
TITLE INSURANCE
FOR NOTARY SEAL OR STAMP
LIST OF EXHIBITS
369
Exhibit "A"
Exhibit "B"
Exhibit "C"
Improvement Security - Street Surface Improvements:
Form: Bond
Amount: $121,000
Improvement Security - Material and Labor:
Form: Not Applicable
Amount:
Improvement Security - Monuments:
Form: Bond
Amount: $1,500.00
Securities approved as to form and amount by
Ag~'istant City Attorney
Improvement Completion Date:
Three (3) years
approval of the
Agreement
from date of Council
Subdivision Improvement
· 0-' 370 Bond
' Premium: $55.00 M.p.
SURVEY MONU.~tENT INSTALLATION BOND
TELEGRAPH VILLAGE APARTMENq
kUNOW ALL 5~N BY THESE PRESENTS, That I/We A CALIFORNIA LIMITED .PAR~
as the subdivider and Principal, and the INSURANCE COMPANY OF THE WEST
a Corporation of the State of CALIFORNIA , as Surety, are held and
firmly bound unto the City of Chula Vista, a municipal corporation, in the
County of San Diego, State of California, and tO and for the benefit of any
and all persons who may suffer damage by reason of the breach of the con-
ditions hereof, in the penal sum of ONE THOUSAND FIVE HUNDRED AND NO/100
($. 1,500.00 ) lawful money of the United States of America, to be paid to
the said City of Chula Vista.
..... . ~P~.AS~ t~e ~ald Pr!n~~ P~!~q~,~ln subdividing
....... ~ . ~ as-j~wt~l~ WTCmA mDA~m o~ ~q~d!vlslon in the
city or cnula. V~sua, in accor~&A%'~ ~'t~--Co~fra~t for Completion of
Improvements authorized by Resolution , and
WHEREAS, th~ said Principal desires not to set durable monuments
prior to the recordation of the final map of the subdivision and desires
to get same at a later date,
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS.
0. 371
ON OCTOBER 21 85
before me, the unders ~ned
- ~ , knownto me to bethe
attorney-in-fact of insurance Company of the West, the Corporation that executed the within
Instrument, known to me to be the person who executed the within instrument, on behalf of
the Corporation. therein named, and acknowledged to me that such Corporation executed the
same.
WITNESS my hand and official seal.
STATE OF CALIFORNIA
COUNTY OF ~7¢r~ /~{'_~CyO
On F~F ,z~/, }$~-- before me, the undemgned, a Notary Public in and for
said State, personally appe~ed
pe~onally known to me or proved to me on the basis of satisfactory evidence to be the person who executed
the within ins~ument as the President, and
penonally known to me or proved to me on the basis of satisfacto~ evidence
to be the pe~on who executed the within ins~ument ~ the
~0~ ,~"¢~ ~rp~c~'~ Secreta~ of
um ~ltnln mstru~eBt o~
beh~f of / ~r~ A
f f~f~ ~ / ~6c parmershi~ that executed
the ~vithin instrument and acknowledged to me that such
corporation executed the same as such partner and that
such partnership executed the same.
WITNESS my hand and official snail
-~Fact
.0,ge
INSURANCE COMPANY OF THE WEST
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the insurance Company of the West, a Corporation duly authorized and existing
under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate,
constitute and appoint:
PHILIP S. WALTER
its true and lawful Attorney(s)-in-Fact, with fuji power and authority hereby conferred in its name, place and stead, to execute,
seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of
February, 1973, which said Resolution has not been amended or rescinded and of which the following isa true, full, and complete
copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and
on ~ehalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time
remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further
"RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company
any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by
~my such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the
Secretary."
IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to
be sig~md by its duly authorized officers this Fifth day of May, 1982.
STATE OF CALIFORNIA SS:
COUNTY OF SAN DIEGO
INSURANCE COMPANY OF THE WEST
President
On this Fifth day of May A.D., 1982, before the subscriber, a Notary Public of the State of California, in and for the County of
San Diego, duly commissioned and qualified, came WILLIAM A. WHITE, President of INSURANCE COMPANY OF THE WEST,
to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow-
ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said
Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and
direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year
first above written.
TABY PUBLIC · CALIFORNIA ~
Principal Offke in San Diego County ~
Notary Public
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO SS:
I, the uudersigned, 9ichard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER
OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation,
this 21stday of OCTOBER 1985.
ICWCAL37 (REV. 5/82)
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